Journal articles on the topic 'Australia Privacy Act 1988'

The regulatory regime provided by the Privacy Act 1988 (Cth) has long been criticized for its limited effectiveness in providing both remedies for individuals and guidance and deterrence for entities obliged to comply with the statute. Key concerns include the restricted rights of redress for individuals, and the inadequate powers and funding of the federal privacy regulator, the Australian Information Commissioner. In the last three years, the Australian Competition & Consumer Commission (ACCC) has begun to take on an important role in advocating for reform of Australia’s privacy law, assessing the potential anticompetitive effects of the data practices of digital platforms, and actively litigating privacyrelated misleading conduct matters under the Australian Consumer Law (ACL). This article describes the contrast in the roles, powers and funding of these two regulators and makes proposals for reform which would assist in providing Australians with appropriate access to justice in directly redressing privacy wrongs beyond organizations’ misleading representations about data practices. Australia, Data Privacy, Privacy Regulators, Enforcement, Redress

This article outlines the empirical evidence in Australia regarding consumer privacy expectations as to commercial dealings with their data. Despite widespread disclosure of personal information from consumers to businesses, the evidence indicates that consumers believe that their privacy is important, and their personal information should be protected from misuse. However, this so-called ‘privacy paradox’, where consumer behaviour in ‘consenting’ to substantial data collection of personal information is not, in fact, a paradox. Rather, it is explained by consumers’ expectations and perceptions around data collection and handling by commercial entities: most importantly a perception by many that they have little or no choice or control over their personal information. It also shows that they expect the legal system to protect them against misuse of that data. With these expectations in mind, the article proceeds to introduce key parts of the general framework of the Privacy Act 1988 (Cth) under which digital data practices are currently regulated in Australia. Australia, Data Protection, Privacy, Consumers, Privacy Paradox

This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.

This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles-Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.

The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.

Data breach class actions have been a feature of the privacy landscape in the US and UK since as early as 2002. While Australia has experienced a surge in regulatory actions brought in respect of data breaches, we have yet to see an uptick in consumer actions in Australia. An action was brought in 2018, however it settled prior to receiving judicial consideration. This article provides some examples of the difficulties of bringing such actions in Australia, both at a substantive and procedural law level. We also highlight some proposed upcoming legislative changes which may have an impact in this space, including the proposed introduction of a tort of privacy and direct right of action in respect of interferences with privacy under the Privacy Act 1988 (Cth) (Privacy Act). Privacy, Data, Breach, Cybersecurity, Australia, Litigation, Court, Class Action, Reform

Privacy is a fundamental human right recognized either explicitly or implicitly all around the world constitution. However, these privacy rights are being eroded by advanced technologies. The efficiency of the Australian Privacy Act 1988 being a non-European Union state in governing the protection of personal data is remarkable. The purpose of this paper is to shed light on how the Australian Privacy Act 1988 can be used as a benchmark for the Malaysian Personal Data Protection Act 2010. Thus, this paper employs a doctrinal qualitative method to best explore the ideas and concepts within the literature available regarding the legislation for the protection of personal data. It suggests that there are improvements to be made for the Malaysian Personal Data Protection Act 2010 to be adequate.

This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent

Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.

This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.

Genetic information is widely recognised as being particularly sensitive personal information about an individual and his or her family. This article presents an analysis of the privacy policies of Australian companies that were offering direct-to-consumer genetic testing services in 2012–13. The results of this analysis indicate that many of these companies do not comply with the Privacy Act 1988 (Cth), and will need to significantly reassess their privacy policies now that significant new amendments to the Act have come into force. Whilst the Privacy Commissioner has increased powers under the new amendments, the extent to which these will mitigate the deficiencies of the current regime in relation to privacy practices of direct–to-consumer genetic testing companies remains unclear. Accordingly, it may be argued that a privacy code for the direct-to-consumer genetic testing industry would provide clearer standards. Alternatively it may be time to rethink whether a sui generis approach to protecting genetic information is warranted.

In a recent article in Children Australia (16:2, 1991) Moore points out how our system of social services and community work reinforces traditional concepts of family (especially mother) responsibility for the care of children with disabilities. This same attitude reflects a fundamental ambivalence in our society towards the provision of state assisted child care. Like care for the disabled, out-of-home care for young children is assumed to rest within the private sphere, so that state assistance in any form becomes gratefully accepted as a generous gift.Child care in Australia moved into the political realm with the enactment of the Child Care Act in 1972. This legislation described the conditions under which the Commonwealth Government would distribute funds for capital expenses, and provide some wage supplements to non-profit groups delivering child care services in formal centre settings. Since that time, promises of increased Commonwealth funding to meet increasing demand have become more and more ambitious – 20,000 spaces were promised in 1984; 30,000 in 1988; and by 1990, the promise had expanded to 78,000 new child care spaces to be funded by the Labor Party. As it turned out, many of the 78,000 spaces promised during the 1990 election campaign were not ‘new’ at all, but represented already existing private spaces, now made eligible for funding by a change in policy. The bulk of the spaces meanwhile were targeted for after-school care (much less expensive to fund), when research clearly indicated the dearth of spaces and critical need for infant care (very expensive to fund).

This Brief will demonstrate the provisions of the Privacy Act 1988 (Cth) that govern the usage of personal information can create substantial risk to the individual. It will accomplish this by setting out how the provisions of the Privacy Act 1988 (Cth) would not have prevented the sharing of the fitness data sourced from corporate servers in January 2018. It will explain how that published information would be classified as ‘de-identified’ data under Privacy Act 1988 (Cth). It will conclude by describing how the collection and collation of the data could form a risk to the individual.

There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).

Drug testing is one of the most rapidly changing areas of employment law today. Although private employers are not bound by the same constitutional restrictions as public employers, they may still be sued on such grounds as invasion of privacy, defamation, and intentional infliction of emotional distress. Moreover, private employers holding federal contracts now must comply with both the Drug-Free Workplace Act of 1988 and the Drug-Free Work Force Act of 1988. This paper discusses some of the leading case and statutory law in the drug-testing area.

The genetic testing industry is in a period of potentially major structural change driven by several factors. These include weaker patent protections after Association for Molecular Pathology v. Myriad Genetics (the “Myriad decision”) and Mayo Collaborative Services v. Prometheus Laboratories, Inc.; a continuing shift from single-gene tests to genome-scale sequencing; and a set of February 2014 amendments to the Clinical Laboratory Improvement Amendments of 1988 (CLIA) regulations and the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. This article explores the nature of these changes and why they strain existing regulatory frameworks for protecting patients, research subjects, and other consumers who receive genetic testing.Oversight of genetic testing has, at least to date, had two major thrusts: (1) privacy and ethical protections and (2) traditional consumer health and safety regulations. Examples of the first are the Genetic Information Nondiscrimination Act and the HIPAA Privacy Rule, which after 2013 amendments expressly protects genetic privacy as well as other medical privacy.

Sharenting is a habit of using social media to share content that disseminates pictures, videos, information, and parenting styles for their children. The purpose of this article is to describe the sharenting phenomenon that occurs among young parents, and the importance of parenting programs, rather than protecting children's privacy. Writing articles use a qualitative approach as a literature review method that utilizes various scientific articles describing the sharenting phenomenon in various countries. The findings show that sharenting behaviour can create the spread of children's identity openly on social media and tends not to protect children's privacy and even seems to exploit children. Apart from that, sharenting can also create pressure on the children themselves and can even have an impact on online crime. 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The 1982 ABT Pay TV Inquiry revealed the complexities of broadcasting policy discourse in contemporary Australian government. The inquiry became a crucible in which discourses of public interest, and alliances of private interests, were distilled. Throughout the inquiry, and in the resulting report, the ‘public interest’ was continuously invoked to purchase legitimacy in the policy process. Yet the ‘public interest’ is a contested, malleable concept with no definite singular meaning. This paper examines and explains the various concepts which were used to underpin notions of the public interest in a contested policy zone.

The increasing prevalence of large-scale data breaches prompted Australia to strengthen the Privacy Act by enacting the Privacy Amendment (Notifiable Data Breaches) Act to regulate the behaviour of entities entrusted with personal data. However, this paper argues that these legislative instruments are ineffective when dealing with data breaches and their associated problems. In supporting this conclusion, this paper first develops a criterion for effective data breach law, and then evaluates the Australian framework against this criterion to determine its operational effectiveness. In addition, this paper analyses practical developments in the area of data-breach law to garner insights as to how the Australian framework can be made more effective. Ultimately, this paper concludes that the Australian framework is ineffective when dealing with large-scale data breaches, and recommends future legislative amendment as a means of bolstering its effectiveness.

Purpose – The purpose of this article is to explore financial fraud in the private health insurance sector in Australia. Fraud in this sector has commonalities to other countries with similar health systems but in Australia it has garnered some unique characteristics. This article sheds light on these features, especially the fraught relationship between the private health funds and the public health insurance agency, Medicare and the problematic impact of the Privacy Act on fraud detection and financial recovery. Design/methodology/approach – A qualitative methodological approach was used, and interviews were conducted with fraud managers from Australia’s largest private health insurance funds and experts in fields connected to health fraud detection. Findings – All funds reported a need for more technological resources and higher staffing levels to manage fraud. Inadequate resourcing has the predictable outcome of a low detection and recovery rate. The fund managers had differing approaches to recovery action and this ranged from police action, the use of debt recovery agencies, to derecognition from the health fund. As for present and future harm to the industry, the funds found on-line claiming platforms a major threat to the integrity of their insurance system. In addition, they all viewed the Privacy Act as an impediment to managing fraud against their organizations and they desired that there be greater information sharing between themselves and Medicare. Originality/value – This paper contributes to the knowledge of financial fraud in the private health insurance sector in Australia.

On 12 May 1988 amendments to the Queensland Petroleum Act of 1923 came into force. These empower the Governor- in- Council to appoint a Pipelines Tribunal to inquire into the operations of any existing or proposed pipeline. The Act now affirms the existence of the Secretary of Mines as a Corporation which can undertake all the aspects of an oil company from exploration to distribution of refined products. In particular, this corporation now has the sole right to construct and operate any pipeline in Queensland which extends beyond the boundaries of a lease. There was little or no dialogue with industry prior to the proclamation of these amendments.In comparison with the Petroleum Acts of South Australia, Western Australia and the Northern Territory, the Queensland Petroleum Act contains many areas subject to ministerial discretion or which are no longer relevant to present- day administrative practices. The Queensland Government's proposal to issue a green paper discussing amendments to the Act, based on submissions from interested parties, is welcomed since it is in the interests of management of the exploratory oil industry to strive for uniformity of administration in each state.

Ethnographers, historians, and linguists have argued for many years about the nature of the relationship between missionaries and their collaborators. Critics of missionary linguistics and education have pointed out that Bible translations were tools forged for the cultural conquest of native people and that missionary impacts on local cultures nearly always destructive and frequently overwhelming (Comaroff and Comaroff 1997; Rafael 1988; Sanneh 1989). Sociolinguistic readings of scripture translation have emphasized the cultural loss inherent in the act of translation and even seemingly benign activities such as dictionary making (Errington 2001; Peterson 1999; Tomlinson 2006). To make this point, Rafael (1988: xvii) notes the semantic links between the various Spanish words for conquest (conquista), conversion (conversión), and translation (traducción). Historians, on the other hand, have generally been more skeptical about the power of mere words to exert hegemonic pressure on colonized people and have emphasized the more tangible power of guns and commerce as agents of empire (Porter 2004). Few would deny the symbolic power of the Bible as a representation of colonial domination, as in the saying attributed to Archbishop Desmond Tutu by Cox (2008: 4): “When the white man arrived, he had the Bible and we had the land; now, we have the Bible and he has the land.”

The Foreign States Immunities Act 1985 (Cth) provides that foreign states are immune to the jurisdiction of Australian courts, and that their property is immune from execution. Those immunities are subject to important ‘commercial exceptions’. First, foreign states are not immune in Australian proceedings insofar as they concern a ‘commercial transaction’. Second, foreign states are not immune from execution in respect of ‘commercial property’. The distinction between the commercial and the non-commercial may be difficult to pin down. With reference to recent case law, including the High Court's decision in Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31, this article aims to articulate the scope of the commercial exceptions. It is argued that the scope of the commercial transaction exception is uncertain, and depends on courts’ approach to the task of characterisation. It is also argued that the commercial property exception is undesirably narrow, and will present a recurring impediment to the vindication of private rights.

Abstract This article discusses uses of the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) in Australia and New Zealand. In addition to its use in the United States, the AMA Guides also is used in Australia, New Zealand, Canada, and some European countries such as Ireland, the Netherlands, and Norway. Use of the AMA Guides varies from country to country, depending on local workers’ compensation or personal injury legislation. In Australia, the AMA Guides is used in various state systems, but the editions used or recommended may differ. Often, cases in which the impairment predates December 1988 (when the current Commonwealth Workers’ Compensation Act became effective) are assessed in terms of the AMA Guides, Fourth Edition. Although many physicians use the Fourth Edition, others refer to the Table of Disabilities (Div 4/S66 of the New South Wales Workers’ Compensation Act) and Victoria prefers the AMA Guides, Second Edition. At the federal level, Australia has adopted the Guide to the Assessment of the Degree of Permanent Impairment (1989 but under revision at the time of writing). In New Zealand, the Accident Compensation Commission officially adopted use of the AMA Guides, Fourth Edition, in 1997.

Abstract Corporate trustees are prevalent in the operation of businesses in Australia. However, the Corporations Act in Australia makes no express provision for the insolvency of a corporate trustee. Given that the trading trust is often used for commercial purposes in Australia, together with a corporate trustee, it is important that the law reflects a clear and consistent approach in the event of the insolvency of a business owned by a trading trust. It is opined that the position of an insolvent corporate trustee ought to be, as far as possible, dealt with consistently with that of a business held directly by a company. Notwithstanding the recommendations of a 1988 inquiry reporting looming difficulty, no legislative correction has occurred. Consequently, a series of conflicting case law follows. This article considers recent developments in respect of judicial consideration in the context of the recommendations made more than 30 years previously.

PREDATION by European red foxes (Vulpes vulpes) has been identified as at least partially responsible for local declines of populations of many small to medium-sized mammals in Australia and is listed as a ‘key threatening process’ under the Victorian Flora and Fauna Guarantee Act, 1988 and the Federal Environment Protection and Biodiversity Conservation Act, 1999. Foxes occur in large numbers throughout urban, suburban and rural areas where they opportunistically take carrion, small to medium-sized mammals, birds, insects and fruit (Menkhorst 1995; Marks and Bloomfield 1999). They also kill poultry and larger mammals such as macropod species and sheep (Menkhorst 1995). In many conservation areas, particularly in near-urban locations where fox densities are high, they are thought to pose a serious threat to biodiversity conservation (Menkhorst 1995; Friend et al. 2001; Mahon 2001).

Personal Data Protection in IrelandSummaryThe article is a short review of the personal data protection system in the Republic of Ireland. The review is made in the light of the Polish Data Protection Act of 1997 and Directive 95/46/EC (sections I and II).The introductory parts (sections I and II) include general remarks on the increasing importance and value of privacy and personal data. This increase results, among other things, from rapid development of the Internet and modern data processing and mining measures.Subsequently, in section III, the author discusses the constitutional environment of privacy and personal data protection rules in Ireland, as well as the role of court precedents and Directive 95/46/EC in this respect.Next part of the article (section IV) is dedicated to practical data protection issues identified and discussed by Irish authors, including specific exposures as well as differences between definitions in the Irish Data Protection Acts 1988-2003 and the UK Data Protection Act 1998, and influence of the latter (UK) Act on the Irish Data Protection Commissionaire’s decisionmaking process.Further comments (section V) focus on Data Protection Commissionaire’s rights and obligations (including in particular comments on the Data Protection Commissionaire’s free and friendly consultancy policy).The conclusion (section VI) briefly and synthetically summarizes similarities and differences between Irish and Polish personal data protection rules and practices, stressing issues requiring the European-wide common approach (e.g. in the fields of basic definitions or CCTV legal issues).Finally, the author observes that Polish authors’ reflections on personal data protection and the Polish practice are not inferior to the Irish ones even though Irish regulations have been in place for 10 years longer than the Polish ones.

The role of I.S.P. or Intermediary is very important for effective utilization of information technology. The liability of Intermediary or I.S.P. has gain immense importance at international level. Various countries have defined the liability of I.S.P. either in the form of copyright infringement or for the infringement of information technology. Australia was the first country to enact the legislation relating to the liability aspect of I.S.P. in the form of Copyright Act, 1968 making I.S.P. liable to disable the access to online services hosted outside Australia. Some safe harbors were also provided for I.S.P. as part of the Australia - United States Free Trade Agreement. The US provides for the liability of ISP in the form of Communications Decency Act, 1996, Digital Millennium Copyright Act,1998. Title II of the D.M.C.A. specifically deals with the issue of I.S.P. liability and also provides for the penalties for unauthorized access to a copyright work. As regarding the legislations of Canada, it does not specifically defines the liability of I.S.P., instead it provides safe harbor for those ISP’s providing any means for Internet access. I.S.P.’s are also protected for copyright infringement in Canada. In Singapore the liability of I.S.P. is regulated by the Internet class license and Internet code of Practice which requires the I.S.P. to abide by the conditions of license. I.S.P.’s are also restricted to make public access of those websites which contain offensive content harmful to national interest. Japan’s Copyright Act, 1970, The Provider Liability Limitation Law 2002 protects the I.S.P. against any kind of liability for Copyright infringement. UK enacted two legislations in form of Copyright, Designs and Patents Act 1988 Digital Economy Act 2010 which imposes the obligations on ISP to notify the infringement to its subscribers, also liable to take technical measures to terminate the Internet services after reporting of infringement. The countries also make the provisions for the penalties for offences relating to the infringement of copyright or unauthorized access of information by various I.S.P.’s or Intermediaries. The quantum of punishment is differed in every country according to the nature of offence.

AbstractWe report the development of a radio-linked interferometer which uses the 64-m telescope at Parkes, NSW, and one of the NASA antennas (64-m or 34-m) at Tidbinbilla, ACT. With a baseline of approximately 275 km, this is the world’s longest real-time interferometer; it will be usable at frequencies of 1.6, 2.3, 8.4, and 22 GHz to give angular resolutions of 0.13, 0.09, 0.03, and 0.01 arcsec respectively. The interferometer has already operated successfully in a limited mode and is expected to become fully operational in its initial configuration by September 1985. Operation at a range of frequencies and with progressive enhancements is planned up to the commissioning of the Australia Telescope in 1988.

Opponents of enactments such as the Financial Transactions Reports Act 1988 (Cth) and Proceeds of Crime Act 1987 (Cth) have principally based their opposition on the basis that such legislation and the regimes which it supports represent a fundamental attack on traditional domains of ‘privacy’. This paper questions the validity of such small T critiques and suggests that such analyses may play into the hands of ‘New Right’ agendas, rather than acting contrary to them. The assumptions lying behind the introduction of financial transaction reporting (FTR) are examined in the context of a variety of ‘New Right’ analytical frameworks. In particular the paper examines FTR in light of the assumption that commercial actors should be ‘free’ of government intervention to pursue their entrepreneurial activities. In this and other respects it is asserted that FTR acts contrary to, rather than as component of, a New Right agenda. The paper also explores the applicability of the Foucauldian notion of ‘governmentality’ in respect to recent developments in financial reporting and monitoring. The manner in which FTR legislation has influenced the ‘conduct’ of commercial actors is examined in some depth. So too is the question of the potential limits (if any) to the encroachment by the state into the previously ‘private’ conduct of both those who operate and those who use the banking and financial system.

AbstractAfter its rejection of the Minerals Convention adopted by the Antarctic Treaty Consultative Parties (ATCPs) in 1988, Australia took a major step in its domestic law by enacting the Antarctic Mining Prohibition Act of 1991 (AMPA), to reinforce its general objection to mineral resource activities in Antarctica and its commitment to the protection ofthe Antarctic environment. With the adoption of the Protocol on Environmental Protectionto the Antarctic Treaty (the Madrid Protocol) – which required the parties to take steps to implement its provisions, including the enactment of domestic legislation – Australia enacted the Antarctic Treaty (Environmental Protection) Act (ATEPA). The ATEPA is meant to replace the AMPA once the Madrid Protocol comes into force. The Protocol bans mineral resource activities in Antarctica and adopts a comprehensive regime toregulate all human activity in Antarctica in an effort to protect the region's environment. As legislation to implement the Protocol, the principal objectives of the ATEPAare to prohibit mineral resource activities in the Australian Antarctic Territory and toregulate all human activity that may have a direct impact on the environment in the area. It also prohibits Australian nationals from engaging in mineral resource activities elsewhere in Antarctica. Like Australia, a number of ATCPs have either adopted legislationor are developing legislation in their domestic legal systems to implement the Protocol.It is one thing for the Protocol to demand the adoption of domestic legislation to ensure compliance with its provisions, including the ban on mining; it is quite another thingto develop effective domestic legislation on the issue. Given the absence of any knowncommercially exploitable deposits of minerals in Antarctica, the likelihood of any mineralresource activity in the region is very remote. But should mining activity occur in Antarctica in breach of the Protocol, the enforcement of the ban could be fraught with practical, legal, and policy difficulties. This paper examines the domestic legislative efforts by Australia as a leading ATCP to ban mining activity in Antarctica. Even though the discussion focuses on Australia by examining its legislation, the problems and the issues raised in the Australian context are also relevant to other ATCPs generally and to claimants in particular.

This article views section 4 of the Patents Act 57 of 1978 against section 25 of the Constitution of the Republic of South Africa, 1996 and Article 31 of the Agreement on Trade-Related Aspects of Intellectual Property Rights of 1994 (hereafter TRIPS). The purpose is to find a suitable framework for the state/government use/utilisation of patented products or processes for public purposes. A comparison is done with the Crown use provisions in United Kingdom, Australian and Canadian law to find a suitable approach to questions relating to remuneration for state use, the prior negotiations requirement set by Article 31 of TRIPS, and the public purposes and exclusive patent rights that would be included under state use. The COVID-19 international pandemic has caused a state of national disaster in South Africa, which is exactly the kind of situation of extreme urgency envisioned by the exception in Article 31 of TRIPS, which permits the state use of patents without requiring prior negotiations with the patent owner. In the battle against COVID-19 and its concomitant fallout, the South African government (and authorised private parties) would be permitted to utilise patent rights without explicit authorisation from the patent owner and without prior negotiations, but subject to the payment of reasonable remuneration by the government and other terms and conditions as agreed upon or as determined by a court. This may include making (manufacturing), using, exercising, and importing patented products (for example, personal protective equipment, pharmaceuticals, ventilators and diagnostic tests) deemed necessary in the fight against COVID-19. Foreign jurisdictions considered in this article indicate that section 4 of the Patents Act 57 of 1978 may certainly benefit from an update to provide detailed guidance on the state use of patented products or processes for public purposes. In the interest of a timeous offensive against the COVID-19 virus, the patent provisions need a speedy update to allow state use compliant with TRIPS and the Constitution of the Republic of South Africa, 1996.

La información genética y genómica requiere regulaciones estrictas para su manejo adecuado con el fin de evitar la divulgación inapropiada y la discriminación secundaria, pues tiene una relación directa con los derechos fundamentales y los principios bioéticos. De ahí la necesidad de evaluar la regulación colombiana existente, por lo que se realizó una revisión sistemática de la literatura en bases de datos del 2000 al 2020, sitios web del Congreso de la República de Colombia, la Comisión de Reforma de la Ley Australiana y la Corte Constitucional de Colombia, para identificar las falencias y los aciertos en la jurisprudencia actual del manejo, el control y la accesibilidad de la población colombiana a las pruebas e información genética. Se toma como referente Australia para comprender y plantear mejoras. Se encontró que en Colombia la información genética se cataloga como sensible (Sentencia C-334-10) con regulaciones inespecíficas sin norma legislativa. En contraste, Australia dispone de directrices bioéticas específicas, penalización y protocolos que abarcan las implicaciones individuales y colectivas descritas en el Privacy Legislation Amendment Act del 2006. Es necesario que en Colombia se cree una regulación jurídica específica para la información genética y genómica con énfasis en pautas de uso sobre la privacidad, la divulgación y la no discriminación.

Background In high-income countries (HICs), migrants often have higher rates of late diagnosis of HIV than the host population. Timely HIV testing has significant implications for HIV prevention and management. Newer HIV testing approaches, namely provider-initiated testing and counselling (PITC), HIV rapid testing (HIV RT) and HIV self-testing (HIV ST), aim to reach those populations most at risk and, particularly, those who have not previously tested for HIV. Methods: This study used semi-structured interviews to examine the (un)acceptability, barriers and facilitators to newer HIV testing approaches (i.e. PITC, HIV RT and HIV ST) among Vietnamese-born migrants (n = 10) in greater-Brisbane, Queensland, Australia. Results: Vietnamese-born migrants had mixed perspectives on the (un)acceptability of newer HIV testing approaches. PITC was largely viewed by participants as a facilitator to HIV testing for Vietnamese-born migrants. Likewise, HIV RT (undertaken by a doctor in a medical setting, as opposed to a trained community member in a community setting) was generally considered to facilitate HIV testing. HIV ST was largely not considered acceptable to Vietnamese-born migrants and they would prefer to go to a doctor for HIV testing. Several factors were identified that either facilitate or act as barriers to newer HIV testing approaches, including privacy; cost of (accessing) HIV testing; comfort and convenience; healthcare provider relationship; risk perception; symptoms; and technical and emotional support. Conclusions: There is a need to understand migrants’ HIV testing preferences if poorer HIV-related outcomes are to be overcome. The findings from this study show a preference for doctor-centred HIV testing, due to enhanced privacy, accuracy and support.

This paper describes a recent initiative in NSW, Australia in the state government’s “fight against anti-social behaviour”. The Anti-Social Behaviour Pilot Project has developed a surveillance regime that exempts justice and human service public authorities from existing privacy laws so that these agencies can share risk intelligence about targeted young people for a more integrated and multi-agency intensive management of risk. A detailed account of the ensemble of statements that have shaped and made this highly politicised risk governance possible is outlined. The initiative seeks to establish a more flexible mode of surveillance capable of intervening into cases of persistent risks linked to the possibility of criminal offending and the risks of persistent offending that have both become linked to public safety. Two analytical frames are used to make sense of the project. Firstly, its nodal technique for integrating case management risk across governmental assemblages (police, health etc) is analysed as an exemplar of a post-panoptical surveillant inter-assemblage designed for the networked control of young people. Secondly, Agamben’s (1988, 2005) account of the state of exception is used to demonstrate how the project’s extra-legal administrative procedures for managing risks linked to “the public interest” establish a spatial arrangement for the control of young people based on decisions of exclusion that are paradoxically located inside and outside the law.

The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.

The botanical composition and structure of wetland vegetation from seven sites in the alpine and subalpine tracts of the Bogong High Plains was sampled in 1995 and 1996. Sites were in the vicinity of Mts Nelse, Cope and Fainter. Sampling was based on contiguous 1-m2 quadrats along transects 20−70 m long across each wetland. Samples were ordinated using non-metric multidimensional scaling (NMDS). Floristic variation was assessed both within selected individual wetlands, and between wetlands from different regions. The relationship between the ordinations and environmental variables such as soil surface texture, soil depth and the amount of bare ground was tested by fitting vectors. Three dominant vegetation assemblages were identified. Closed heath, of hygrophyllous, scleromorphic shrubs such as Richea continentis and Baeckea gunniana, the rush Empodisma minus and the moss Sphagnum cristatum occurred on the deeper peats. Low open heath of Epacris glacialis and Danthonia nivicola occurred on shallow peats. Herbfields of Caltha introloba and Oreobolus pumilio occurred on stony pavements in two different physiographic situations&horbar;on relatively steep slopes (10−20°) at the head of wetlands, and on flat ground (slope < 2°), below the head of wetlands. The pavements on the steeper sites appeared to be associated with periglacial features such as solifluction lobes and terraces. Those on the flatter ground appeared to have been derived more recently. Wetlands in the Mt Cope region consisted of closed heath, low open heath and pavement herbfield in various proportions. Wetlands on Mt Fainter, which are subject to heavy trampling by cattle, were in a degraded condition, with a low cover of major hygrophyllous mosses and shrubs, and a high cover of introduced species. Long-ungrazed wetlands in a 50-year exclosure at Rocky Valley had high cover of closed heath, no pavements, numerous ponds and virtually no entrenched drainage channels or exposed peat. The Caltha herbfields are significant features nationally, both floristically and geomorphologically. Alpine and subalpine wetlands have been listed under the Victorian Flora and Fauna Guarantee Act 1988, and continued grazing by cattle is not compatible with the conservation objectives for this alpine vegetation type.

• Summary: This article analyses how neo-liberal and managerialist policies, over the last two decades in Australia, have positioned university staff as self-managing individuals. Social work academics are positioned as ‘free agents . . .empowered to act on their own behalf while ‘‘steered from a distance’’ by ‘‘policy norms and rules of the game’’ (Marginson, 1997, p. 63, italics added). Using governmentality theories as developed by Bacchi (2009), Burchell, Gordon, and Miller (1991), Dean (1996, 1999a, 1999b), Foucault (1983, 1986, 1988, 1990, 1991), Hindess (1997, 2003), Miller (1992), Barry, Osborne, and Rose (1996) and Rose (1999) and an analysis of how staff are positioned in higher education settings is explored. • Findings: This article identifies the ways neo-liberal policy and managerialism operates to enable power relations that both individualize and totalize academic staff, including social work academics. Efforts to transform power relations require an understanding of how particular situations are problematized and the identification of the governmental technologies employed to constitute the political identities of social work academics. • Applications: Identifying how neo-liberal technologies of government affect social work academics could stimulate a renewed struggle for change and reinvigorate political action in social work university departments and social work settings more broadly.

Newspapers regularly publish stories about people who have died suddenly or in unusual circumstances and the effect of these deaths on families and communities. The practice by which a journalist writes such a story is called the ‘death knock’; the journalist seeks out the deceased’s family to interview them for a story about their loss. The death knock is challenging and controversial. It has been criticized as an unethical intrusion on grief and privacy and shown to have negative effects on bereaved people and journalists. It has also been defended as an act of inclusion, giving the bereaved control over stories that may be written anyway, and a form of public service journalism that can have benefits for families, communities and journalists. Traditionally a knock on the door, the death knock is also done via phone and e-mail, and recently, in a practice termed the ‘digital death knock’, using social media. This article reports on the findings of a 2021 survey of Australian journalists and their current death knock practice and it will do this within the framework of research in the United States, the United Kingdom and Canada. In these countries, journalists are doing the ‘digital death knock’ because of time and competition pressures and available technology; however, this raises ethical concerns about their reproduction of social media material without the permission or knowledge of its owners. This article will discuss the extent to which social media has impacted death knock practice in Australia.

One of the types of paraphilia is voyeurism, i.e., secretly spying on the intimate actions of other people. From the point of view of medicine, voyeurism is recognized as a disorder of sexual preference, in art it has found expression in the paintings of famous masters, but from the point of view of morality it remains in the plane of religiously conditioned prohibitions, and psychologists say that the considered form of sexual behavior is dangerous not only for the psyche of the actor, but also for the victim. Within the framework of the presented research, the authors offer an analysis of the legal reaction of foreign countries to this form of sexual deviation, consider the types of punishments, and also present a criminological portrait of voyeurism. In the legal systems of foreign countries (Great Britain, Belgium, Singapore), voyeurism is recognized as a sexual crime; in the United States, Germany, New Zealand, and some states of Australia, the act in question is recognized as a crime that violates the «right to privacy». Separate statistical data on the specified acts in separate countries (where such counting is conducted) are presented, the reasons of growth of such encroachments and ways of their implementation are defined. In Russia, such acts receive a criminal-legal assessment on the grounds of Article 137 of the Criminal Code of the Russian Federation, which should be considered as a «legislative compromise», since in the actions of a voyeur, the main motive is sexual, and violation of privacy is not the goal. Some statistical data indicate an increase in such attacks in the world, but in Russia, the paraphilia in question is mainly the subject of research by psychologists, sexologists, and journalists. No serious criminological or criminal law studies were conducted. The presented research is the first attempt to study this phenomenon in the legal aspect, suggesting the beginning of a scientific discussion. It is concluded that in the conditions of digitalization of society, voyeurism as a form of sexual deviation will continue to develop, so it is necessary to adopt a set of legal measures aimed at protecting the rights of victims.

Introduction: Renal transplantation is the best treatment for kidney failure. As the demand far exceeds the supply, various legislative measures have been put into place in Singapore to increase kidney transplant rates. This paper evaluates the impact of these measures and reports on the outcomes for kidney transplant recipients in Singapore. Materials and Methods: Patient demographics, recipient and donor characteristics, and co-morbidities occurring in incident transplant patients were extracted from Singapore Renal Registry (SRR) Reports from 1997 to 2006, tabulated and summarised. Graft and patient survivals data, which were calculated by Kaplan-Meier analysis until return to dialysis/pre-emptive renal re-transplant or patient death respectively, were extracted from SRR Reports. Published data from the United States Renal Data System (USRDS) and Organ Procurement and Transplantation Network (OPTN) were used for comparisons with data from the SRR. Results: The introduction of the Human Organ Transplant Act increased the rate of deceased donor (DD) kidney transplants from 4.7 per year from 1970 to 1988, to 41.4 per year from 1988 to 2004. In 2006, the overall DD and living donor (LD) rate for kidney transplants performed locally for Singaporeans and permanent residents of Singapore was 22.6 per million population (pmp); taking into account overseas kidney transplants, the kidney transplant rate was 33.0 pmp. One and 5-year graft survivals for local LD and DD transplanted between 1999 and 2006, as reported by the SRR, were 98.1% and 95.3% versus 88.9% and 81.3%, respectively (P <0.001). Patient survivals at 1 and 5 years were likewise significantly better for LD versus DD (99.4% and 96.6% vs. 96% and 89.1%, respectively; P = 0.005). Conclusions: The local kidney transplant rates were lower than those reported by the USRDS for the USA, Spain, Norway and Australia but higher than other Asian countries. While 1-year outcomes for transplants reported to the SRR were similar to that reported by the OPTN, 5-year survivals were significantly higher, possibly due to the selection of patients with fewer co- morbidities for kidney transplantation in Singapore. These results suggest that while outcomes are excellent, there is much more to be done to increase kidney transplantation rates in Singapore so as to meet the needs of end-stage renal failure patients in the country. Key words: Presumed consent, Singapore Renal Registry, Living donor, Kidney transplant, Deceased donor kidney transplant, Graft survival

Introduction: Remote sensing is useful in several modes of oil spill control, including large area surveillance, site specific monitoring and tactical assistance in emergencies. Remote sensing is able to provide essential information to enhance strategic and tactical decision-making, potentially reducing incidence of spills by providing a deterrent factor, decreasing response costs by facilitating rapid oil recovery and ultimately minimising impact. Marine oil spills can be separated into two categories of relevance to the type of remote sensing technology which might be used to detect and respond to the incident. A first category is non-accidental discharges, which can include incidental losses from vessels due to hull or equipment leaks, as well as oil discharged intentionally during deballasting and tank-cleaning activities. While these non-accidental discharges tend to be small in themselves, they are frequent and contribute much more to the overall introduction of oil to the marine environment than accidental spills, and are of increasing international regulatory concern. Accidental spills are much less frequent, but typically involves much larger releases of oil. Such oil spills are high profile events for which rapid and effective emergency response is needed to contain and recover the spilled oil. In many countries, an appropriate and effective response capability is required by law, such as demanded by the Oil Pollution Act of 1990 in the US, as well as by recent amendments to the Canada Shipping Act in Canada. There is a growing recognition that using remote sensing, especially airborne, to aid cleanup response efforts can mitigate the effects of oil on the environment, as well as reduce cleanup costs. Airborne remote sensing sensing in the support of spill response operations has a mixed level of interest by spill responders when viewed globally. In the US, for instance, airborne remote has had varying degrees of success in meeting operational expectations, and thus is not yet fully integrated into national, regional and area response plans and operations. By comparison, the record of successful use in the UK, for instance, is such that remote sensing support is contracted by the UK Coast Guard on a stand-by basis and used routinely when a significant spill occurs. As another example, airborne remote sensing technologies are now being adopted by the Australian Maritime Safety Authority to support its spill response actions. Low altitude aircraft have proven to be the most effective tactical method for obtaining information about spills and assisting in spill response. Combined with accurate oil drift computer model forecasting, these two methods were the primary strategic tools used for environmental response planning during the IXTOC-1 and Arabian Gulf spills, although less useful for guiding tactical operations (Pavia and Payton, 1983; Cekirge et al., 1992). Conversely, essential tactical support was provided by aerial remote sensing for the application of dispersants, a major spill response in the Sea Empress spill in Southwest Wales (Harris, 1997; Lunel et al., 1997). Currently, the use of imaging satellites for spill response is restricted because of limited spatial resolution, slow revisit times and often long delays in receipt of processed image data. The topic of oil spill monitoring by imaging satellites has been reviewed by Bern (1993a,b). There are significant advances being made, however, to increase resolution and coverage, as well as in the speed of image product delivery. Sensing oil on water by satellites appears best suited for routine surveillance purposes. There are synergisms in protecting the environment and property from oil spills which can be achieved by an integrated approach which draws on the remote sensing advantages of airborne and satellite imaging technology. There are many potential users of such remote sensing information, in government and private sector organisations. Government authorities use such information in surveillance, for example in the North and Baltic Seas, detecting spills when they occur and for identification of the spiller, which could be a vessel discharging illegally. Many government organisations also maintain an organised oil spill response capability, which would be supported by remote sensing information in oil spill response operations. The private sector includes the primary oil industry operating globally, and oil transporters, which carry responsibility and potential liability in the event of a spill. Other potential users are oil spill response organisations which might offer a sub-contracted remote sensing capability to their clients. Other private sector groups include the insurers for the shipping industry, who are directly and immediately interested in keeping both the costs of the response and oil spill impact damage as low as possible. The news media is a additional potential user, interested in quality graphical representation of the oil spill, as is true for any disaster event.